Who Can File a Personal Injury Claim?

Who Can File a Personal Injury Claim?

Were you injured because of someone else's negligence, recklessness
or poor choices? Did that injury cost you money in medical bills, lost
wages or property damage? If so, then you may be able to file a personal
injury claim. Successful personal injury claims are comprised of several
very important elements.

In order to file a successful claim, you will need to prove:

You suffered serious injuries

You suffered financial loss as a result of those injuries (medical bills,
lost wages, etc.)

You faced emotional or physical suffering as a result of the injuries (possible
punitive damages)

There is a definitive party that was responsible for your injuries and
could have prevented them

You deserve financial compensation for all of your unnecessary suffering

Proving Fault in Personal Injury Cases

One of the most important elements of a personal injury case is proving
that there is a party-at-fault. This may be a property owner, a drunk
driver, a nurse or doctor, an employer or a motorist. Regardless of who
is at-fault for your injuries, you will need to provide documented or
physical evidence of the liability. After you have successful shown that
the defendant could have prevented your injuries through better caution
or care, you will have a greater chance of achieving a satisfactory settlement
or verdict.

You cannot prove fault in cases where you were acting recklessly and this
caused your injury. For example, if you are racing a shopping cart through
a supermarket and suffer injury when the cart smashes into a display,
chances are that you will not win your lawsuit because your behavior was
dangerous. Additionally, if you trespass onto another's property,
the property owner may not be held liable for any injuries that you suffer.

What constitutes a serious injury?

To file a personal injury claim, you will need to evidence that you have
suffered a serious injury. For example, if you scrape your leg on a chain-link
fence and suffer a small laceration that does not require immediate medical
attention, you probably don't have a case. On the other hand, if you
slip and fall in a grocery store on a puddle of water and suffer a traumatic
brain injury, you most certainly have an argument for liability.

If you have more questions about whether or not you have a case and whether
or not you can file, don't hesitate to
contact our firm today! At Cranston & Edwards, PLLC, we are committed to helping you
get the compensation you need!